US Court of Appeals Unanimously Affirms Finding of Fair Use for Turnitin
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4th Circuit Court Publishes Decision in Copyright Infringement Case OAKLAND, Calif., April 27 /PRNewswire/ -- The US Court of Appeals for the Fourth Circuit issued a published decision on April 16 affirming a lower court's finding of fair use for iParadigms, LLC, the company that provides Turnitin, in a closely-watched copyright infringement case brought by four high school students. All three judges affirmed the lower court's 2008 finding that the archiving and use of students' papers by Turnitin for the prevention of plagiarism is considered "highly transformative" and, when considered with the other three factors of fair use, constitutes a fair use. In March 2008, the students' case had been dismissed by US District Judge Claude Hilton when he issued a summary judgment stating that Turnitin's use of archived student works without their permission to assess originality of newly-submitted papers constitutes a fair use under US copyright law and is therefore not copyright infringement. In addition, Judge Hilton stated that such use "has a protective effect" on the future marketability of the students' works and "provides a substantial public benefit through the network of institutions using Turnitin." The plaintiffs appealed Judge Hilton's decision and, after conducting its own independent analysis of the plaintiffs' claims, the court of appeals concluded that "iParadigms' use of the student works was 'fair use' under the Copyright Act." Like the lower court, the appeals court recognized that iParadigms' use of the student papers for purposes of plagiarism detection is a "highly transformative" use that adds something new in purpose and character and does not harm the future marketability of the students works. The appeals court also reiterated that, "if anything, iParadigms' use of students' works fostered the development of original and creative works 'by detecting any efforts at plagiarism by other students.'" "The exponential growth of the Web has presented educators with exciting collaborative learning opportunities as well as daunting challenges related to intellectual property," said John Barrie, founder and CEO of iParadigms. "The dismissal of this case affirms the role of Turnitin as an important instructional support tool that helps students learn to work properly with the intellectual property of others." The complete text of the published decision is available for download from http://turnitin.com/resources/documentation/turnitin/company/US_Court_of_Appeals_Opinion_041609.pdf About iParadigms, LLC iParadigms, LLC is the leader in textual intellectual property protection and a pioneer of web-based services for collaborative, online educational support. The company is at the forefront of using technology to increase awareness of best practices relating to the use of other people's textual content. Its web-based services include iThenticate, a business solution for checking the originality of documents and manuscripts; Turnitin(R), the leading originality checking and plagiarism prevention service for education; and WriteCycle(TM), a 100-percent digital solution that integrates the Turnitin originality checking and plagiarism prevention service with the entire process of providing feedback and grading on student papers. iParadigms serves commercial entities, and secondary and post-secondary educational institutions in over 100 countries. More information can be found at turnitin.com. Turnitin is a registered trademark and iThenticate and WriteCycle are trademarks of iParadigms LLC. SOURCE iParadigms, LLC Katie Povejsil, Vice President of Marketing of iParadigms, LLC, +1-510-287-9720, ext. 287, firstname.lastname@example.org
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